Federal and state laws protect most employees from discrimination based on protected characteristics like race, gender, religion, age, ethnicity and disability. Some states and cities have additional protected characteristics like sexual orientation and gender identity and expression.
Michigan is unique among all states in including weight in its listed of protected characteristics under state law. While some lawmakers in other states have tried to include weight, so far they haven’t succeeded.
This isn’t new for Michigan. The law that officially lists weight as well as height among protected characteristics in the workplace dates back nearly 50 years.
Of course, as with any protected characteristic, weight discrimination can and does still occur in many workplaces. It may be overt, but it’s often more subtle and therefore difficult to prove.
Negative attitudes and stereotypes around weight continue
Despite the growing movement toward “body positivity,” not to mention the fact that Americans have become increasingly heavy, negative attitudes about weight (particularly those who are overweight) and stereotypical views about heavier people continue.
According to a report published last year by George Washington University, “Over the last ten years, stigma directed at people with obesity has risen by over 60%. Stigma perpetuates harmful stereotypes about larger people including that they lack willpower, are lazy, unsuccessful, and unintelligent. These negative assumptions follow people with larger bodies in every facet of life, including their professional careers.”
This discrimination often begins with the interview process. Hiring managers and even Human Resources professionals can bring their own negative views about weight – sometimes without realizing it – to their hiring decisions and even to whom they let proceed to further interviews.
Thin people can experience discrimination as well
While negative views about weight more often affect those who are of above-average weight, discrimination against those who are very thin is real. Thin people may be perceived as unhealthy or even sick when in fact they’re perfectly healthy. Women are typically judged more harshly for their weight than men.
If you believe you’ve experienced employment discrimination due to your size that has had negative ramifications for your employment, it can help to get legal guidance to determine the best next steps.